Transcript Protection of Vulnerable Adults

Supporting and Protecting
Adults From Harm
Community Planning Board
10th November 2011
Wendy Hinnie
Aims of the session
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Give an overview of the legislation
and the expectations of all staff who may come
into contact with “adults at risk”
Provide an overview of the role and function of
the Adult Protection Unit, Moray.
Legislation Drivers
National Reports
• The 1997 Scottish Law Commission ‘Report on Vulnerable Adults’
recommended new legislation.
UK context
• In England “No Secrets” Guidance was introduced in 1998.
• In Wales “In Safe Hands” was introduced in 2000.
Inquiries
• Following the 2003 Inquiry into a case in the Scottish Borders,
both the Mental Welfare Commission for Scotland and the
Social Work Services Inspectorate of the Scottish Executive
recommended the need for new legislation.
The Adult Support and Protection
(Scotland) Act 2007
The Adult Support and Protection (Scotland) Act 2007,
which was passed by the Scottish Parliament in February
2007, provides powers and duties in relation to protecting
adults at risk of harm. Part 1 of the Act went live in
October 2008.
Aims of the Act
Part 1 of the Act introduces new measures to identify and protect
individuals who fall into the category of ‘adults at risk of
harm’.
It is also intended to fill gaps left by:
• The Adults with Incapacity (Scotland) Act 2000, which
provides means to protect those with incapacity, for example
through financial and welfare guardianship;
and
• The Mental Health (Care & Treatment) (Scotland) Act 2003,
which provides powers and duties in relation to people with
mental disorder, including those who are subject to illtreatment or neglect.
DUTIES
Inquiries
Councils have a statutory duty to make inquiries about a person’s
well-being, property or financial affairs if they know or believe that
the person is an adult at risk and that they might need to intervene to
take protective action.
Investigations
• Council Officers have the power to carry out investigations through
visits and interviews and through examination of records
(except health records).
• Health professionals have the power to carry out medical
examinations as part of investigations and to examine health
records.
• Adults have the right not to answer any questions and to refuse to
be medically examined, and must be told of these rights.
Councils have a duty to consider the provision of appropriate services
to the adult, including, in particular, independent advocacy.
Duties of Cooperation
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The ASP Act sets out statutory duties of co-operation for
certain public bodies and their officeholders: Councils; NHS
services; the Police; Care Inspectorate; the Mental Welfare
Commission; and Office of the Public Guardian.
Members and staff of all of these bodies are subject to
statutory duties to:
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Report the facts and circumstances to the local council when
they know or believe that someone is an adult at risk and
that action is needed to protect that adult from harm;
Co-operate with the council and each other to enable or
assist the council in making enquiries.
Protection Orders
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The ASP Act introduced three Protection Orders:
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Assessment Order
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allows for an adult at risk of serious harm to be taken to a more suitable
place in order to conduct a private interview or private medical examination.
Removal Order
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permits the specified person to be moved from any place for up to 7 days to
protect them from further harm.
Banning Order (and Temporary Banning Order);
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bans the subject of the Order from being in a specified place, or moving any
specified thing from the specified place (Sheriff can add Power of Arrest).
A Warrant For Entry must also be granted when these Orders are made.
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Decisions about Protection Orders must reflect the principles of the ASP Act.
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Protection Orders should not be granted without consent of adult – but refusal
to consent can be ignored where it is believed the adult has been unduly
pressurised to refuse consent, and there are no other steps which could
reasonably be taken with the adult’s consent to protect the adult from the harm.
Offence of Obstruction
The ASP Act provides that it is an offence to prevent or obstruct any person
from doing anything they are authorised or entitled to do under the Act.
It is also an offence to refuse, without reasonable excuse, to comply with a
request to provide information made under the provisions for the examination
of records. This offence does not apply to adults at risk.
Where an offence, for example obstruction, is committed by a “relevant
person” e.g. a company or similar body, and it can be proved that someone in
control of the company knew about the offence, or was responsible for the
offence because of their neglect; it is possible to take action against the
person in control, not only the company or body itself.
A “relevant person” for the purposes of this section means:
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a director, manager, secretary or other similar officer of the body;
a member, where the affairs of the body are managed by its members;
an officer or member of the council;
a partner in a Scottish partnership;
a person who is concerned in the management or control of an
unincorporated association other than a Scottish partnership.
Adult Protection Committees
Councils have a duty to establish Adult Protection Committees (APCs). Their
main functions are to:
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review procedures and practices;
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give information or advice, or make proposals;
• make, or assist and encourage the development of knowledge and skills;
and
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improve cooperation between public bodies concerned.
Membership of APC’s must include representatives of the Council, the NHS
Board and the Chief Constable of the police force in the council area and may
include a representative of the Care Inspectorate.
The chair of the committee is independent of the above bodies
Moray Adult Protection Unit
based at Spynie Hospital
part of The Moray Council
Community Care Service, managed by
Jane Mackie
Head of Community Care.
Moray Adult Protection Unit
Moray Adult Protection Unit consists of:
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Adult Protection Consultant Practitioner/Lead Officer
Advanced Practitioner Adult Protection
Adult Protection Administrator
Adult Protection Training Officer
They are part of The Moray Council Community Care Service
We have 50+ Council Officers based in community services
Officers work closely with the police, health, care commission and
others.
Moray Adult Protection Unit
Responsibilities
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Responsible on behalf of the council for overseeing any adult
protection concerns
Screening of referrals
Consultation services
Support joint working
Offer training in adult protection
Deal with adult protection cases
Organise, coordinate and chair adult protection case
conferences
Support council officers in their duty to inquire/investigate
Monitor audit and review quality of service
Who is an Adult at Risk?
The three point test:
“Adults at risk” are adults (over the age of 16) who:
a) are unable to safeguard their own well-being,
property, rights or other interests;
b) are at risk of harm; and
c) because they are affected by disability, mental
disorder, illness or physical or mental infirmity,
are more vulnerable to being harmed than adults
who are not so affected.
Section 3 (1) ASP 2007
IF YOU REQUIRE ADVICE ON AN ADULT SUPPORT and
PROTECTION CONCERN
The Moray Council: 0300 123 0897
Email: [email protected]
Questions